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Utah Code
Title 19
Environmental Quality Code
Chapter 1
General Provisions
Section 301
Adjudicative proceedings.
     19-1-301.   Adjudicative proceedings.
     (1) As used in this section, "dispositive action" is a final agency action that:
     (a) a board takes following an adjudicative proceeding on a request for agency action; and
     (b) is subject to judicial review under Section 63G-4-403.
     (2) (a) The department and its boards shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act.
     (b) The procedures for an adjudicative proceeding conducted by an administrative law judge are governed by:
     (i) Title 63G, Chapter 4, Administrative Procedures Act;
     (ii) rules adopted by a board as authorized by:
     (A) Subsection 63G-4-102(6); and
     (B) this title; and
     (iii) the Utah Rules of Civil Procedure, in the absence of a procedure established under Subsection (2)(b)(i) or (ii).
     (3) An administrative law judge shall hear a party's request for agency action made to a board created in Section 19-1-106.
     (4) The executive director shall appoint an administrative law judge who:
     (a) is a member in good standing of the Utah State Bar;
     (b) has a minimum of:
     (i) 10 years of experience practicing law; and
     (ii) five years of experience practicing in the field of:
     (A) environmental compliance;
     (B) natural resources;
     (C) regulation by an administrative agency; or
     (D) a field related to a field listed in Subsections (4)(b)(ii)(A) through (C); and
     (c) has a working knowledge of the federal laws and regulations and state statutes and rules applicable to a request for agency action.
     (5) In appointing an administrative law judge who meets the qualifications listed in Subsection (4), the executive director may:
     (a) compile a list of persons who may be engaged as an administrative law judge pro tempore by mutual consent of the parties to an adjudicative proceeding;
     (b) appoint an assistant attorney general as an administrative law judge pro tempore; or
     (c) (i) appoint an administrative law judge as an employee of the department; and
     (ii) assign the administrative law judge responsibilities in addition to conducting an adjudicative proceeding.
     (6) (a) An administrative law judge shall:
     (i) conduct an adjudicative proceeding;
     (ii) take any action that is not a dispositive action; and
     (iii) submit to the board a proposed dispositive action, including:
     (A) written findings of fact;
     (B) written conclusions of law; and
     (C) a recommended order.
     (b) A board may:
     (i) approve, approve with modifications, or disapprove a proposed dispositive action

submitted to the board under Subsection (6)(a); or
     (ii) return the proposed dispositive action to the administrative law judge for further action as directed.
     (7) To conduct an adjudicative proceeding, an administrative law judge may:
     (a) compel:
     (i) the attendance of a witness; and
     (ii) the production of a document or other evidence;
     (b) administer an oath;
     (c) take testimony; and
     (d) receive evidence as necessary.
     (8) A party may appear before an administrative law judge in person, through an agent or employee, or as provided by a board rule.
     (9) (a) An administrative law judge or board member may not communicate with a party to an adjudicative proceeding regarding the merits of the adjudicative proceeding unless notice and an opportunity to be heard are afforded to all parties.
     (b) An administrative law judge or board member who receives an ex parte communication shall place the communication into the public record of the proceedings and afford all parties an opportunity to comment on the information.
     (10) Nothing in this section limits a party's right to an adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act.

Amended by Chapter 377, 2009 General Session
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